{"ActId":0,"CurrentPage":1,"EndPage":3,"Query":"prohibited immigrant","Results":[{"ActId":3170,"FileName":"schedule_LOF.CAP88.IMAFJ03.SCH2.htm","Html":"

[IMM Sch 2]  SCHEDULE 2  ( Section 65 ) MAXIMUM PENALTIES

[Sch 2 am Decree 30 of 2011 s 3, 11 July 2011]

Section Offence Penalty
5(4)(a) Refusing to answer questions $2,000 or 2 years imprisonment
5(4)(b) Giving false or misleading answers $100,000 or 7 years imprisonment
5(4)(c) Refusing or failing to produce documents $20,000 or 5 years imprisonment
6(1) Entry or departure without lawful authority or without reasonable excuse $20,000 or 5 years imprisonment
6(3) Master of a ship or commander of an aircraft\u2014
(a) failing to deliver a complete list of all persons on the ship or aircraft; $20,000 or 5 years imprisonment
(b) failing to inform the immigration officer about a prohibited immigrant; $20,000 or 5 years imprisonment
(c) failing to use all reasonable means to prevent any person unlawfully entering or departing Fiji; $20,000 or 5 years imprisonment
(d) failing to prevent the re-entry of a person who has been handed over to custody or is subject to a removal order. $20,000 or 5 years imprisonment
6(4)(b) Master of a ship or commander of an aircraft providing a list which the master or commander knows or ought to know is false or misleading $20,000 or 5 years imprisonment
6(5) Master of a ship\u2014
(a) failing to provide suitable facilities and assistance for an immigration officer; $20,000 or 5 years imprisonment
(b) failing to provide bond or tickets for onward travel. $20,000 or 5 years imprisonment
6(9) Failing to give 24 or 48 hours notice in writing to an immigration officer
(a) in the case of a master\u2014 $20,000 or 5 years imprisonment
(b) in the case of an owner or owner\u2019s agent\u2014 $40,000
6(10) Master or commander causing a ship or aircraft to depart without a certificate of clearance $20,000 or 5 years imprisonment
6(11) Master or commander departing from Fiji\u2014
(a) causing the ship or aircraft to call at any other port or place after clearance; $20,000 or 5 years imprisonment
(b) permitting a person to board the ship or aircraft after clearance $20,000 or 5 years imprisonment
7(6) (a) Failing to appear before an immigration officer $20,000 or 5 years imprisonment
(b) Failing to provide information to an immigration officer $20,000 or 5 years imprisonment
14(1) Prohibited immigrant on board the ship or an aircraft
(a) in the case of a master or commander\u2014 $20,000 or 5 years imprisonment
(b) in the case of an owner or owner\u2019s agent\u2014 $40,000
15(8) Failing to comply with subsection (6)
(a) in the case of a master or commander\u2014 $20,000 or 5 years imprisonment
(b) in the case of an owner or owner\u2019s agent\u2014 $40,000
14(10) Re-enters contrary to removal order $20,000 or 5 years imprisonment
19 Trafficking in persons $750,000 or 20 years imprisonment
20 Trafficking in children $750,000 or 20 years imprisonment
21 Exploitation of persons not legally entitled to work $750,000 or 20 years imprisonment
23 Smuggling of migrants $750,000 or 20 years imprisonment
24 Aggravated offence on smuggling of migrants $100,000 or life imprisonment
25 Facilitating stay of an unauthorised migrant $5,000 or 2 years imprisonment
26 Making etc of fraudulent travel identity documents for the purposes of facilitating trafficking in persons of smuggling of migrants $5,000 or 2 years imprisonment
27 Aiding and abetting $5,000 or 2 years imprisonment
28 Incitement to commit an offence $5,000 or 2 years imprisonment
33 Transporting by commercial or private carriers of persons without travel documents for lawful entry $100,000
34 Contravention of a provision of section 34 $5,000 or 2 years imprisonment
48(1)(a) Making a statement etc that is false or misleading $5,000 or 2 years imprisonment
48(1)(b) Refusing to produce etc documents $5,000 or 2 years imprisonment
48(1)(c) Producing etc documents to Permanent Secretary that is false or misleading $5,000 or 2 years imprisonment
56(1) Deportee returning or attempting to return to Fiji $20,000 or 5 years imprisonment
56(3) Assisting, harbouring or concealing a deportee $100,000 or 7 years imprisonment
","LegalId":"LOF.CAP88.IMAFJ03.SCH2","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.SCHGRP","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"[Schedules]"}],"Text":"[IMM Sch 2]  SCHEDULE 2  ( Section 65 ) MAXIMUM PENALTIES [Sch 2 am Decree 30 of 2011 s 3, 11 July 2011] Section Offence Penalty 5(4)(a) Refusing to answer questions $2,000 or 2 years imprisonment 5(4)(b) Giving false or misleading answers $100,000 or 7 years imprisonment 5(4)(c) Refusing or failing to produce documents $20,000 or 5 years imprisonment 6(1) Entry or departure without lawful authority or without reasonable excuse $20,000 or 5 years imprisonment 6(3) Master of a ship or commander of an aircraft\u2014 (a) failing to deliver a complete list of all persons on the ship or aircraft; $20,000 or 5 years imprisonment (b) failing to inform the immigration officer about a prohibited immigrant; $20,000 or 5 years imprisonment (c) failing to use all reasonable means to prevent any person unlawfully entering or departing Fiji; $20,000 or 5 years imprisonment (d) failing to prevent the re-entry of a person who has been handed over to custody or is subject to a removal order. $20,000 or 5 years imprisonment 6(4)(b) Master of a ship or commander of an aircraft providing a list which the master or commander knows or ought to know is false or misleading $20,000 or 5 years imprisonment 6(5) Master of a ship\u2014 (a) failing to provide suitable facilities and assistance for an immigration officer; $20,000 or 5 years imprisonment (b) failing to provide bond or tickets for onward travel. $20,000 or 5 years imprisonment 6(9) Failing to give 24 or 48 hours notice in writing to an immigration officer (a) in the case of a master\u2014 $20,000 or 5 years imprisonment (b) in the case of an owner or owner\u2019s agent\u2014 $40,000 6(10) Master or commander causing a ship or aircraft to depart without a certificate of clearance $20,000 or 5 years imprisonment 6(11) Master or commander departing from Fiji\u2014 (a) causing the ship or aircraft to call at any other port or place after clearance; $20,000 or 5 years imprisonment (b) permitting a person to board the ship or aircraft after clearance $20,000 or 5 years imprisonment 7(6) (a) Failing to appear before an immigration officer $20,000 or 5 years imprisonment (b) Failing to provide information to an immigration officer $20,000 or 5 years imprisonment 14(1) Prohibited immigrant on board the ship or an aircraft (a) in the case of a master or commander\u2014 $20,000 or 5 years imprisonment (b) in the case of an owner or owner\u2019s agent\u2014 $40,000 15(8) Failing to comply with subsection (6) (a) in the case of a master or commander\u2014 $20,000 or 5 years imprisonment (b) in the case of an owner or owner\u2019s agent\u2014 $40,000 14(10) Re-enters contrary to removal order $20,000 or 5 years imprisonment 19 Trafficking in persons $750,000 or 20 years imprisonment 20 Trafficking in children $750,000 or 20 years imprisonment 21 Exploitation of persons not legally entitled to work $750,000 or 20 years imprisonment 23 Smuggling of migrants $750,000 or 20 years imprisonment 24 Aggravated offence on smuggling of migrants $100,000 or life imprisonment 25 Facilitating stay of an unauthorised migrant $5,000 or 2 years imprisonment 26 Making etc of fraudulent travel identity documents for the purposes of facilitating trafficking in persons of smuggling of migrants $5,000 or 2 years imprisonment 27 Aiding and abetting $5,000 or 2 years imprisonment 28 Incitement to commit an offence $5,000 or 2 years imprisonment 33 Transporting by commercial or private carriers of persons without travel documents for lawful entry $100,000 34 Contravention of a provision of section 34 $5,000 or 2 years imprisonment 48(1)(a) Making a statement etc that is false or misleading $5,000 or 2 years imprisonment 48(1)(b) Refusing to produce etc documents $5,000 or 2 years imprisonment 48(1)(c) Producing etc documents to Permanent Secretary that is false or misleading $5,000 or 2 years imprisonment 56(1) Deportee returning or attempting to return to Fiji $20,000 or 5 years imprisonment 56(3) Assisting, harbouring or concealing a deportee $100,000 or 7 years imprisonment","Title":"[IMM Sch 2] SCHEDULE 2 MAXIMUM PENALTIES"},{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S69.htm","Html":"

[IMM 69]  Repeals and savings

(1)  The following Acts are repealed\u2014
(2)  Regulations, orders and directions made or issued under any of the repealed Acts continue in force until repealed or replaced under this Act.
(3)  At the commencement of this Act\u2014
","LegalId":"LOF.CAP88.IMAFJ03.S69","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT9","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 9 MISCELLANEOUS [ss 60-69]"}],"Text":"[IMM 69]  Repeals and savings (1)  The following Acts are repealed\u2014 (a) Immigration Act (Cap. 88); (b) Deportation Act (Cap. 90); (c) Aliens Act (Cap. 91). (2)  Regulations, orders and directions made or issued under any of the repealed Acts continue in force until repealed or replaced under this Act. (3)  At the commencement of this Act\u2014 (a) any appeal pending under the repealed Immigration Act is to be determined as if the Act has not been repealed; (b) any valid visa or permit issued under the repealed Immigration Act continues in force as if issued under this Act until it expires or until it is cancelled under this Act; (c) any pending application for a permit or visa is to be determined under this Act except any new issuing fees prescribed; (d) a removal order in respect of a prohibited immigrant remains in force as if made under Part 4 of this Act; (e) a deportation order made under the repealed Deportation Act remains in force as if made under Part 7 of this Act; (f) a prosecution for an offence under any of the repealed Acts continues as if the relevant Act had not been repealed; (g) any exemption conferred under any of the repealed Acts continues unless and until removed or amended under this Act.","Title":"[IMM 69] s 69 Repeals and savings"},{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S67.htm","Html":"

[IMM 67]  Publication of information about prohibited immigrants

If the Permanent Secretary is satisfied that a prohibited immigrant is in Fiji, the Permanent Secretary may approve the publication of information (including name, address and photograph of the person) relating to a prohibited immigrant.

[s 67 am Decree 30 of 2011 s 3, 11 July 2011]

","LegalId":"LOF.CAP88.IMAFJ03.S67","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT9","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 9 MISCELLANEOUS [ss 60-69]"}],"Text":"[IMM 67]  Publication of information about prohibited immigrants If the Permanent Secretary is satisfied that a prohibited immigrant is in Fiji, the Permanent Secretary may approve the publication of information (including name, address and photograph of the person) relating to a prohibited immigrant. [s 67 am Decree 30 of 2011 s 3, 11 July 2011]","Title":"[IMM 67] s 67 Publication of information about prohibited immigrants"},{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S16.htm","Html":"

[IMM 16]  Expenses in respect of prohibited immigrants

(1)  Subject to subsection (2) , the owner, the owner's agent and the master or commander of a ship or aircraft from which a prohibited immigrant disembarks are jointly and severally liable for the cost of passage, accommodation, maintenance and medical treatment and any other reasonable cost incurred in connection with the removal of a prohibited immigrant from Fiji.

[subs (1) am Decree 30 of 2011 s 3, 11 July 2011]

(2)  The Minister may direct that all or part of the expenses mentioned in subsection (1) be paid by the State, and must so direct if at the time of entry the prohibited immigrant was in possession of a permit or visa issued under this Act purporting to authorise him or her to enter Fiji.

[subs (2) am Decree 30 of 2011 s 3, 11 July 2011]

","LegalId":"LOF.CAP88.IMAFJ03.S16","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT4","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 4 PROHIBITED IMMIGRANTS [ss 13-16]"}],"Text":"[IMM 16]  Expenses in respect of prohibited immigrants (1)  Subject to subsection (2) , the owner, the owner's agent and the master or commander of a ship or aircraft from which a prohibited immigrant disembarks are jointly and severally liable for the cost of passage, accommodation, maintenance and medical treatment and any other reasonable cost incurred in connection with the removal of a prohibited immigrant from Fiji. [subs (1) am Decree 30 of 2011 s 3, 11 July 2011] (2)  The Minister may direct that all or part of the expenses mentioned in subsection (1) be paid by the State, and must so direct if at the time of entry the prohibited immigrant was in possession of a permit or visa issued under this Act purporting to authorise him or her to enter Fiji. [subs (2) am Decree 30 of 2011 s 3, 11 July 2011]","Title":"[IMM 16] s 16 Expenses in respect of prohibited immigrants"},{"ActId":3170,"FileName":"sect_LOF.CAP88.IMAFJ03.S15.htm","Html":"

[IMM 15]  Power to remove prohibited immigrants

(1)  The Permanent Secretary may make a written order directing a prohibited immigrant to leave Fiji and remain out of Fiji either indefinitely or for a period specified in the order.

[subs (1) am Decree 30 of 2011 s 3, 11 July 2011]

(2)  An order under subsection (1) takes effect either on the date of service or, if the person is serving a sentence of imprisonment, on the completion of the sentence of imprisonment, as the Permanent Secretary specifies in the order.
(3)  An order made under this section must be carried into effect in such manner as the Permanent Secretary directs in writing, including removal of the person by use of reasonable force if necessary.
(4)  A person against whom an order under this section is made may, before leaving Fiji and while being conveyed to the place of departure, be kept in prison, in police custody or in any other place of custody authorised by the Permanent Secretary, and while so kept is deemed to be in lawful custody.

[subs (4) am Decree 30 of 2011 s 3, 11 July 2011]

(5)  The Permanent Secretary may vary or revoke an order or directions given under this section.
(6)  A person against whom a removal order has been made may be removed to the place from where the person came or to the country of which the person is a citizen, or to any other country or place to which the person consents to be removed, if the Government of the country or place agrees to receive the person.
(7)  The master of a ship or commander of an aircraft which is proceeding to a country or place to which a person is directed to be removed to must, if so required by an immigration officer, receive the person on board the ship or aircraft and afford the person a passage to the country or place and proper accommodation and maintenance during the passage.
(8)  If the master of a ship or commander of an aircraft fails to comply with subsection (6) , the master, commander, the owner of the ship or aircraft and the owner's agent each commits an offence.
(9)  If a person in respect of whom a removal order is made under this section has been sentenced to a term of imprisonment by a court in Fiji, the person must serve the sentence before the order is carried into effect.

[subs (9) am Decree 30 of 2011 s 3, 11 July 2011]

(10)  A person in respect of whom a removal order has been made under section 15 who re-enters Fiji while the removal order is in force commits an offence.

[subs (10) am Decree 30 of 2011 s 3, 11 July 2011]

","LegalId":"LOF.CAP88.IMAFJ03.S15","ParentSection":[{"LegalId":"LOF.CAP88.IMAFJ03.PT4","ParentId":"LOF.CAP88.IMAFJ03.BODY","Title":"PART 4 PROHIBITED IMMIGRANTS [ss 13-16]"}],"Text":"[IMM 15]  Power to remove prohibited immigrants (1)  The Permanent Secretary may make a written order directing a prohibited immigrant to leave Fiji and remain out of Fiji either indefinitely or for a period specified in the order. [subs (1) am Decree 30 of 2011 s 3, 11 July 2011] (2)  An order under subsection (1) takes effect either on the date of service or, if the person is serving a sentence of imprisonment, on the completion of the sentence of imprisonment, as the Permanent Secretary specifies in the order. (3)  An order made under this section must be carried into effect in such manner as the Permanent Secretary directs in writing, including removal of the person by use of reasonable force if necessary. (4)  A person against whom an order under this section is made may, before leaving Fiji and while being conveyed to the place of departure, be kept in prison, in police custody or in any other place of custody authorised by the Permanent Secretary, and while so kept is deemed to be in lawful custody. [subs (4) am Decree 30 of 2011 s 3, 11 July 2011] (5)  The Permanent Secretary may vary or revoke an order or directions given under this section. (6)  A person against whom a removal order has been made may be removed to the place from where the person came or to the country of which the person is a citizen, or to any other country or place to which the person consents to be removed, if the Government of the country or place agrees to receive the person. (7)  The master of a ship or commander of an aircraft which is proceeding to a country or place to which a person is directed to be removed to must, if so required by an immigration officer, receive the person on board the ship or aircraft and afford the person a passage to the country or place and proper accommodation and maintenance during the passage. (8)  If the master of a ship or commander of an aircraft fails to comply with subsection (6) , the master, commander, the owner of the ship or aircraft and the owner's agent each commits an offence. (9)  If a person in respect of whom a removal order is made under this section has been sentenced to a term of imprisonment by a court in Fiji, the person must serve the sentence before the order is carried into effect. [subs (9) am Decree 30 of 2011 s 3, 11 July 2011] (10)  A person in respect of whom a removal order has been made under section 15 who re-enters Fiji while the removal order is in force commits an offence. [subs (10) am Decree 30 of 2011 s 3, 11 July 2011]","Title":"[IMM 15] s 15 Power to remove prohibited immigrants"}],"SearchFor":"All","StartPage":1,"TotalItems":11,"TotalPages":3}